basic introduction of constitution of India with its articles and possible Questions

1. Sc
S y l l a b u s o f C o n s t i t u t i o n L a w f o r s e m e s t e r 1
Introductionto Constitution
Articles 1 to 167
BhattNirav09/01/2021
School of law Rai University
Semester - 1

3. INTRODUCTION
Constitution: “a body of fundamental principles or established precedents
according to which a state or other organization is acknowledged to be
governed”.
Constitution of India contains 395 articles in 22 parts and 8 schedules.
Additional articles and parts are inserted later through various
amendments. Today there are 441 articles and 12 schedules in the Indian
Constitution.
The Constitution of India is the supreme law of India. The document lays
down the framework demarcating fundamental political code, structure,
procedures, powers, and duties of government institutions and sets out
fundamental rights, directive principles, and the duties of citizens.
It imparts constitutional supremacy (not parliamentary supremacy, since it
was created by a constituent assembly rather than Parliament) and was
adopted by its people with a declaration in its preamble. Parliament cannot
override the constitution. It was adopted by the Constituent Assembly of
India on 26 November 1949 and became effective on 26 January 1950.
Indian drafting committee
 Indian drafting committee for drafting of constitution of India was
appointed by the constitutional assembly of India.
 On the 14 August 1947 meeting of the Assembly, a proposal for
forming various committees was presented. Such committees
included a Committee on Fundamental Rights, the Union Powers
Committee and Union Constitution Committee.
 On 29 August 1947, the Drafting Committee was appointed, with Dr
B. R. Ambedkar as the Chairman along with six other members
assisted by a constitutional advisor.
 These members were Pandit Govind Ballabh Pant, Kanaiyalal
Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi
Krishnaswamy Iyer (Ex- Advocate General, Madras State), N
Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of
Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md.
Saadullah (Ex- Chief Minister of Assam, Muslim League member)
and D P Khaitan (Scion of Khaitan Business family and a renowned
lawyer).

4.  The constitutional advisor was Sir Benegal Narsing Rau (who
became First Indian Judge in International Court of Justice, 1950–
54). Later B L Mitter resigned and was replaced by Madhav Rao
(Legal Advisor of Maharaja of Vadodara). Owing to death of D P
Khaitan, T T Krishnamachari was chosen to be included in the
drafting committee.
 A Draft Constitution was prepared by the committee and submitted to
the Assembly on 4 November 1947. Draft constitution was debated
and over 2000 amendments were moved over a period of two years.
 Finally on 26 November 1949, the process was completed and
Constituent assembly adopted the constitution. 284 members signed
the document and the process of constitution making was complete.
Influence of other constitutions
Government Influence
United
Kingdom
 Parliamentary government
 Concept of single citizenship
 Rule of law
 The legislative speaker and their role
 Legislative procedure
United
States
 Bill of Rights
 Federal structure of government
 Electoral College
 Independent judiciary and separation of powers
 Judicial review
 President as commander-in-chief of the armed forces
 Equal protection under law
Ireland Directive principles of state policy
Australia
 Freedom of trade between states
 National legislative power to implement treaties, even on matters outside
normal federal jurisdiction
 Concurrent List
 Preamble terminology
France Notions of liberté, égalité, fraternité
Canada
 Quasi-federal government—a federal system with a strong central
government
 Distribution of powers between the central and state
governmentsResidual powers, retained by the central government

5. Soviet Union  Fundamental Duties under article 51-A
 Mandated planning commission to oversee economic development
Weimar
Republic
The emergency provision under article 356
South Africa Amending the constitution
Japan Due process
Structure of Constitution of India
The constitution has a preamble and 470 articles, which are grouped into
25 parts With 12 schedules and five appendices. It has been amended 104
times; the latest amendment became effective on 14 January 2019.
Parts of Indian Constitution
The constitution's articles are grouped into the following parts:
Preamble with the words "socialist", "secular" and 'integrity' added in 1976
by the 42nd amendment
 Part I – States and union territories
 Part II – Citizenship
 Part III – Fundamental Rights
 Part IV – Directive Principles of State Policy
 Part IVA – Fundamental Duties
 Part V – The union
 Part VI – The states
 Part VII – States in the B part of the first schedule (repealed)
 Part VIII – Union territories
 Part IX – Panchayats
 Part IXA – Municipalities
 Part IXB – Co-operative societies[57]
 Part X – Scheduled and tribal areas[58]
 Part XI – Relations between the union and the states[59]
 Part XII – Finance, property, contracts and suits
 Part XIII – Trade and commerce within India
 Part XIV – Services under the union and states

6.  Part XIVA – Tribunals
 Part XV – Elections
 Part XVI – Special provisions relating to certain classes
 Part XVII – Languages
 Part XVIII – Emergency provisions
 Part XIX – Miscellaneous
 Part XX – Amending the constitution
 Part XXI – Temporary, transitional and special provisions
 Part XXII – Short title, date of commencement, authoritative text in
Hindi and repeals
Schedules of Indian Constitution
 The first schedule contains the list of states and union territories and
their territories
 The second schedule contains provisions of the President,
Governors of States, Speaker and the Deputy Speaker of the House
of the People and the Chairman and the Deputy Chairman of the
Council of States and the Speaker and the Deputy Speaker of the
Legislative Assembly and the Chairman and the Deputy Chairman of
the Legislative Council of a State, the Judges of the Supreme Court
and of the High Courts and the Comptroller and Auditor-General of
India.
 The third Schedule contains the Forms of Oaths or Affirmations.
 The fourth Schedule contains provisions as to the allocation of seats
in the Council of States.
 The fifth Schedule contains provisions as to the Administration and
Control of Scheduled Areas and Scheduled Tribes.
 The sixth Schedule contains provisions as to the Administration of
Tribal Areas in the States of Assam, Meghalaya, Tripura and
Mizoram.
 The seventh Schedule contains the Union list, State list and the
concurrent list.
 The eighth Schedule contains the list of recognized languages.
 Ninth Schedule contains provisions as to validation of certain Acts
and Regulations.
 The tenth Schedule contains provisions as to disqualification on
ground of defection.
 The eleventh Schedule contains the powers, authority and
responsibilities of Panchayats.

7.  The twelfth Schedule contains the powers, authority and
responsibilities of Municipalities.
Appendices
 Appendix I – The Constitution (Application to Jammu and Kashmir)
Order, 1954
 Appendix II – Re-statement, referring to the constitution's present
text, of exceptions and modifications applicable to the state of
Jammu and Kashmir
 Appendix III – Extracts from the Constitution (Forty-fourth
Amendment) Act, 1978
 Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002
 Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
PART I: THE UNION AND ITS TERRITORY
Part I of Indian Constitution is titled The Union and its Territory. It includes
articles from 1- 4. Part I is a compilation of laws pertaining to
the constitution of India as a country and the union of states that it is made
of. This part of the constitution contains the law in the establishment,
renaming, merging or altering the borders of the states. Articles under Part

8. I were invoked when West Bengal was renamed, and for formation of
relatively new states such as Jharkhand, Chhattisgarh or Telangana.
ARTICLE 1 : NAME AND TERRITORYOF THE UNION
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First
Schedule.
(3) The territory of India shall comprise –
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
ARTICLE 2 : ADMISSION OR ESTABLISHMENT OF NEW STATES
Parliament may by law admit into the Union, or establish, new States on
such terms and conditions as it thinks fit.
ARTICLE 2A : SIKKIM TO BE ASSOCIATED WITH THE UNION
{…}
ARTICLE 3 : FORMATION OF NEW STATES AND ALTERATION OF AREAS,
BOUNDARIES OR NAMES OF EXISTING STATES
Parliament may by law –
(a) form a new State by separation of territory from any State or by uniting
two or more States or parts of States or by uniting any territory to a part of
any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of
Parliament except on the recommendation of the President and unless,
where the proposal contained in the Bill affects the area, boundaries or
name of any of the States, the Bill has been referred by the President to the
Legislature of that State for expressing its views thereon within such period
as may be specified in the reference or within such further period as the
President may allow and the period so specified or allowed has expired.
Explanation I: In this article, in clauses (a) to (e), “State” includes a Union
territory, but in the proviso, “State” does not include a Union territory.
Explanation II: The power conferred on Parliament by clause (a) includes

9. the power to form a new State or Union territory by uniting a part of any
other State or Union territory to any other State of Union territory.
ARTICLE 4 : LAWS MADE UNDER ARTICLES 2 AND 3 TO PROVIDE FOR THE
AMENDMENT OF THE FIRST AND THE FOURTH SCHEDULE AND SUPPLEMENTAL,
INCIDENTAL AND CONSEQUENTIAL MATTERS
(1) Any law referred to in article 2 or article 3 shall contain such provisions
for the amendment of the First Schedule and the Fourth Schedule as may
be necessary to give effect to the provisions of the law and may also
contain such supplemental, incidental and consequential provisions
(including provisions as to representation in Parliament and in the
Legislature or Legislatures of the State or States affected by such law) as
Parliament may deem necessary.
(2) No such law as aforesaid shall be deemed to be in amendment of this
Constitution for the purposes of article 368.
Info-bits related to Part I : The Union and the
territory (Articles 1- 4)
1. Article under which Sikkim was made part of Indian Union : Article 2a.
2. Article under which Telangana was made part of Indian Union : Article
3.
3. Article 3 original provision was amended by Constitution (fifth
amendment) Act, 1955 on 24 December 1955.
4. No where under Part I, it is mentioned that India is a federal state. It
rather uses the phrase “Union of States”.

10. 5. Terrotorial Waters vs International Waters
The territorial waters and the exclusive economic zones shall also
become part of the states or union territories in the absence of any
listing of them separately in Schedule 1 and 4 of the constitution.
6. An economic zone (EEZ) is a seazone prescribed by the United
Nations Convention on the Law of the Sea over which a state has
special rights over the exploration and use of marine resources,
including energy production from water and wind. It stretches from the
baseline out to 200 nautical miles (370 km) from its coast.
7. The difference between the territorial sea and the exclusive economic
zone is that the first confers full sovereignty over the waters, whereas
the second is merely a “sovereign right” which refers to the coastal
state’s rights below the surface of the sea. The surface waters, as can
be seen in the map, are international waters.
8. The constitution (40th amendment) act, 1976, substituted a new
Article 297 so as to vest in Union of India all lands, minerals, and other
things of value underlying the ocean within the territorial waters or
continental shelf or exclusive economic zone of India.
9. The territorial waters, continental shelf, exclusive economic zone and
other maritime zones act, 1976 was enacted by the Indian government
to notify the sovereign rights on these areas for dealings with other
countries.

11. 10. However, it is not clear whether states are debarred from imposing
taxes or royalty on the minerals extracted from the territorial waters
and the exclusive economic zone (which are still under states
jurisdiction) as per serial no. 50 of state list in seventh schedule of the
constitution.
11. For creation or destruction of a state the permission from the
concerned state is not mandatory under Indian Constitution. But the
bill has to referred to the concerned state legislature for expressing its
views.
12. Prior recommendation of the President of India is necessary for the
state creation/renaming bill. (Article 3). No such provision is
mandatory under Article 2 (new states).
PART II: CITIZENSHIP
5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from
Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin residing outside
India.
9 Persons voluntarily acquiring citizenship of a foreign State not to be
citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.
Part II of the Constitution of India (Articles 5-11) deals with the
Citizenship of India.
Article 5 speaks about the citizenship of India at the commencement of
the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament
of India to regulate the right of citizenship by law. This provision resulted in
the enactment of Citizenship Act 1955 by the Indian Parliament.

12. ARTICLE 5 : CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION
At the commencement of this Constitution, every person who has his
domicile in the territory of India and –
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than
five years immediately preceding such commencement, shall be a citizen of
India.
ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED
TO INDIA FROM PAKISTAN
Notwithstanding anything in article 5, a person who has migrated to the
territory of India from the territory now included in Pakistan shall be
deemed to be a citizen of India at the commencement of this Constitution if
–
(a) he or either of his parents or any of his grand-parents was born in India
as defined in the Government of India Act, 1935 (as originally enacted);
and
(b)(i) in the case where such person has so migrated before the nineteenth
day of July, 1948, he has been ordinarily resident in the territory of India
since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen of India
by an officer appointed in that behalf by the Government of the Dominion of
India on an application made by him therefor to such officer before the
commencement of this Constitution in the form and manner prescribed by
that Government:
Provided that no person shall be so registered unless he has been resident
in the territory of India for at least six months immediately preceding the
date of his application.
ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTAN
Notwithstanding anything in articles 5 and 6, a person who has after the
first day of March 1947, migrated from the territory of India to the territory
now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after
having so migrated to the territory now included in Pakistan, has returned
to the territory of India under a permit for resettlement or permanent return
issued by or under the authority of any law and every such person shall for
the purposes of clause (b) of Article 6 be deemed to have migrated to the
territory of India after the nineteenth day of July, 1948.

13. ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN
RESIDING OUTSIDE INDIA
Notwithstanding anything in article 5, any person who or either of whose
parents or any of whose grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall be deemed to be a
citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for
the time being residing on an application made by him therefor to such
diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed by
the Government of the Dominion of India or the Government of India.
ARTICLE 9: PERSONS VOLUNTARILYACQUIRING CITIZENSHIP OF A FOREIGN
STATE NOT TO BE CITIZENS
No person shall be a citizen of India by virtue of article 5 or be deemed to
be a citizen of India by virtue of article 6 or article 8 if he has voluntarily
acquired the citizenship of any foreign State.
ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIP
Every person who is or is deemed to be a citizen of India under any of the
foregoing provisions of this Part shall, subject to the provisions of any law
that may be made by Parliament, continue to be such citizen.
ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAW
Nothing in the foregoing provisions of this Part shall derogate from the
power of Parliament to make any provision with respect to the acquisition
and termination of citizenship and all other matters relating to citizenship.
Info-bits related to Citizenship of India

14. 1. The conferment of a person, as a citizen of India, is governed by
Articles 5 to 11 (Part II) of the Indian Constitution.
2. Apart from the above Articles of the Indian Constitution, citizenship is
also deeply connected with the Citizenship Act, which is passed by
the Indian Parliament in 1955.
3. Citizenship Act 1955 speaks about the citizenship of India after the
commencement of the Constitution. It is an act to provide for the
acquisition and termination of Indian citizenship.
4. The legislation related to this matter is the Citizenship Act 1955,
which has been amended by the Citizenship (Amendment) Act 1986,
the Citizenship (Amendment) Act 1992, the Citizenship (Amendment)
Act 2003, the Citizenship (Amendment) Act, 2005, and the Citizenship
(Amendment Act, 2019).
5. Acquisition of Indian Citizenship as per Citizenship Act
1955: Indian Citizenship can be acquired under the following ways :
(1) Citizenship at the commencement of the constitution of India (2)
Citizenship by birth: NB – This provision has different clauses for
different periods (3) Citizenship by descent (4) Citizenship by
registration (5) Citizenship by naturalization.
6. Termination of Indian Citizenship as per Citizenship Act
1955: One can lose citizenship of India in three ways – Renunciation,
Termination and Deprivation
7. Persons domiciled in the territory of India as on 26 November 1949
automatically became Indian citizens by virtue of the operation of the
relevant provisions of the Indian Constitution coming into force.
(Citizenship at the commencement of the constitution of India.)

15. 8. Any person born in India on or after 26 January 1950, but prior to the
commencement of the 1986 Act on 1 July 1987, is a citizen of India by
birth. [Citizenship by birth]
9. A person born in India on or after 1 July 1987 is a citizen of India if
either parent was a citizen of India at the time of the birth. [Citizenship
by birth]
10. Those born in India on or after 3 December 2004 are considered
citizens of India only if both of their parents are citizens of India or if
one parent is a citizen of India and the other is not an illegal migrant at
the time of their birth. [Citizenship by birth].
11. Indian nationality law largely follows the jus sanguinis (citizenship by
right of blood) as opposed to the jus soli (citizenship by right of birth
within the territory).
12. Article 9 of Indian Constitution says that a person who voluntarily
acquires citizenship of any other country is no longer an Indian citizen.
Also, according to The Passports Act, a person has to surrender his
Indian passport if he acquire citizenship of another country, it is a
punishable offense under the act if he fails to surrender the passport.
13. Persons of Indian Origin (PIO) Card: A PIO card applicant has to
be a person of Indian origin who is a citizen of any country, other than
Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China and
Nepal; or a person who has held an Indian passport at any time or is
the spouse of an Indian citizen or a person of Indian origin;
14. Overseas Citizen of India (OCI) card: OCI Card is for foreign
nationals who were eligible to become a citizen of India on 26.01.1950
or was a citizen of India on or after that date. Applications from
citizens of Bangladesh and Pakistan are not allowed.
15. Overseas Indian Card: A new Bill is pending in Parliament [The
Citizenship (Amendment) Bill], which seeks to do away with the
existing overseas citizen of India (OCI) card and the person of Indian
origin (PIO) card, and replace them with a new overseas Indian card.
16. While PIO cardholders do not require a separate visa and can enter
India with multiple entry facility for 15 years; the OCI card is multiple
entries, multi-purpose lifelong visa for visiting India. OCI card-holders
have parity with non-resident Indians in respect of economic, financial
and educational matters except in acquiring agricultural land.
17. A PIO cardholder is required to register with local Police authorities
for any stay exceeding 180 days in India on any single visit.
18. OCI is not dual citizenship. There are no voting rights for an OCI
cardholder.
19. The President of India is termed the first Citizen of India.

16. PART III : FUNDAMENTAL RIGHTS
General
12 Definition.
13 Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14 Equality before law.
15 Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.
16 Equality of opportunity in matters of public employment.
17 Abolition of Untouchability.
18 Abolition of titles.
Right to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences.
21 Protection of life and personal liberty.
21A Right to education
22 Protection against arrest and detention in certain cases.
Right against Exploitation
23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25 Freedom of conscience and free profession, practice and propagation of
religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular religion.
28 Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.
Cultural and Educational Rights
29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
31 [Repealed.]
Saving of Certain Laws
31A Saving of Laws providing for the acquisition of estates, etc.
31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
31D [Repealed.]
Right to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this Part.
32A [Repealed.]
33 Power of Parliament to modify the rights conferred by this Part in their
application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force in
any area.
35 Legislation to give effect to the provisions of this Part.

17. Part III of the Indian Constitution talks about Fundamental Rights.
The fundamental rights were included in the constitution because they were
considered essential for the development of the personality of every
individual and to preserve human dignity.
All people, irrespective of race, religion, caste or sex, have been given the
right to move the Supreme Court and the High Courts for the enforcement
of their fundamental rights. There are seven categories of Fundamental
Rights (FR) which are covered from Articles 12-35.
ARTICLE 12 : DEFINITION
In this Part, unless the context otherwise required, “the State” includes the
Governmental and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the
territory of India or under the control of the Government of India.
ARTICLE 13 : LAWS INCONSISTENT WITH OR IN DEROGATION OF THE
FUNDAMENTAL RIGHTS
(1) All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent with
the provisions of this Part, shall, to the extent of such inconsistency, be
void.
(2) The State shall not make any law which takes away or abridges the
rights conferred by this Part and any law made in contravention of this
clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise required, – (a) “law” includes
any Ordinance, order, bye-law, rule, regulation, notification, custom or
usage having in the territory of India the force of law;
(b) “laws in force” includes laws passed or made by a Legislature or other
competent authority in the territory of India before the commencement of
this Constitution and not previously repealed, notwithstanding that any such
law or any part thereof may not be then in operation either at all or in
particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution
made under article 368.
ARTICLE 14 : EQUALITY BEFORE LAW
The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.

18. ARTICLE 15 : PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION,
RACE, CASTE, SEX OR PLACE OF BIRTH
(1) The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or
condition with regard to –
(a) access to shops, public restaurants, hotels and places of public
entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained whole or partly out of State funds or dedicated to the use of
general public.
(3) Nothing in this article shall prevent the State from making any special
provision for women and children.
(4) Nothing in this article or in clause (2) or article 29 shall prevent the State
from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and
the Scheduled Tribes.
ARTICLE 16 : EQUALITY OF OPPORTUNITYIN MATTERS OF PUBLIC EMPLOYMENT
(1) There shall be equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated
against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment
to an office under the Government of, or any local or other authority within,
a State or Union territory, any requirement as to residence within that State
or Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision
for the reservation of appointments or posts in favour of any backward
class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any
provision for reservation in matters of promotion to any class or classes of
posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which
provides that the incumbent of an office in connection with the affairs of any
religious or denominational institution or any member of the governing body

19. thereof shall be a person professing a particular religion or belonging to a
particular denomination.
ARTICLE 17 : ABOLITION OF UNTOUCHABILITY
“Untouchability” is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of “Untouchability” shall be an
offence punishable in accordance with law.
ARTICLE 18 : ABOLITION OF TITLES
(1) No title, not being a military or academic distinction, shall be conferred
by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of
profit or trust under the State, accept without the consent of the President
any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall,
without the consent of the President, accept any present, emolument, or
office of any kind from or under any foreign State.
ARTICLE 19 : PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF
SPEECH, ETC.
(1) All citizens shall have the right –
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) to practice any profession, or to carry on any occupation, trade or
business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any
existing law, or prevent the State from making any law, in so far as such
law imposes reasonable restrictions on the exercise of the right conferred
by the said sub-clause in the interests of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of
any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interest of the sovereignty and integrity of India or
public order, reasonable restrictions on the right conferred by the said sub-
clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation of

20. any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of the sovereignty and integrity of India or
public order or morality, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the State
from making any law imposing, reasonable restrictions on the exercise of
any of the rights conferred by the said sub-clauses either in the interests of
the general public or for the protection of the interests of any Schedule
Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of
any existing law in so far as it imposes, or prevent the State from making
any law imposing, in the interests of the general public, reasonable
restrictions on the exercise of the right conferred by the said sub-clause,
and, in particular, nothing in the said sub-clause shall affect the operation
of any existing law in so far as it relates to, or prevent the State from
making any law relating to, –
(i) the professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by
the State, of any trade, business, industry or service, whether to the
exclusion, complete or partial, of citizens or otherwise.
ARTICLE 20 : PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES
(1) No person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the act charged as an offence, not
be subjected to a penalty greater than that which might have been inflicted
under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more
than once.
(3) No person accused of any offence shall be compelled to be a witness
against himself.
ARTICLE 21 : PROTECTION OF LIFE AND PERSONAL LIBERTY
No person shall be deprived of his life or personal liberty except according
to procedure established by law.
Article 21A: Right to education
The State shall provide free and compulsory education to all children of the
age of six to fourteen years in such manner as the State may, by law,
determine.

21. ARTICLE 22 : PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES
(1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be
denied the right to consult, and to be defended by, a legal practitioner of his
choice.
(2) Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty-four hours
of such arrest excluding the time necessary for the journey from the place
of arrest to court of the magistrate and no such person shall be detained in
custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply –
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for
preventive detention.
(4) No law providing for preventive detention shall authorize the detention
of a person for a longer period than three months unless –
(a) an Advisory Board consisting of persons who are, or have been, or are
qualified to be appointed as, Judges of a High Court has reported before
the expiration of the said period of three months that there is in its opinion
sufficient cause for such detention:
Provided that nothing in this sub-clause shall authorise the detention of any
person beyond the maximum period prescribed by any law made by
Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any law
made by Parliament under sub-clauses (a) and (b) of clause (7).
(5) When any person is detained in pursuance of an order made under any
law providing for preventive detention, the authority making the order shall,
as soon as may be, communicate to such person the grounds on which the
order has been made and shall afford him the earliest opportunity of
making a representation against the order.
(6) Nothing in clause (5) shall require the authority making any such order
as is referred to in that clause to disclose facts which such authority
considers to be against the public interest to disclose.
(7) Parliament may by law prescribe –
(a) the circumstances under which, and the class or classes of cases in
which, a person may be detained for a period longer than three months
under any law providing for preventive detention without obtaining the
opinion of an Advisory Board in accordance with the provisions of sub-
clause (a) of clause (4);
(b) the maximum period for which any person may in any class or classes
of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under
sub-clause (a) of clause (4).

22. ARTICLE 23 : PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR
(1) Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory
service for public purposes, and in imposing such service the State shall
not make any discrimination on ground only of religion, race, caste or class
or any of them.
ARTICLE 24 : PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.
No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
ARTICLE 25 : FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND
PROPAGATION OF RELIGION
(1) Subject to public order, morality and health and to the other provisions
of this Part, all persons are equally entitled to freedom of conscience and
the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law –
(a) regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of
Hindus.
Explanation I: The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion.
Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall
be construed as including a reference to persons professing the Sikh, Jaina
or Buddhist religion, and the reference to Hindu religious institutions shall
be construed accordingly.
ARTICLE 26 : FREEDOM TO MANAGE RELIGIOUS AFFAIRS
Subject to public order, morality and health, every religious denomination or
any section thereof shall have the right –
(a) to establish and maintain institutions for religious and charitable
purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with the law.

23. ARTICLE 27 : FREEDOM AS TO PAYMENT OF TAXES FOR PROMOTION OF ANY
PARTICULAR RELIGION
No person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or
maintenance of any particular religion or religious denomination.
ARTICLE 28 : FREEDOM AS TO ATTENDANCE AT RELIGIOUS INSTRUCTION OR
RELIGIOUS WORSHIP IN CERTAIN EDUCATIONAL INSTITUTIONS
(1) No religious instruction shall be provided in any educational institution
wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is
administered by the State but has been established under any endowment
or trust which requires that religious instruction shall be imparted in such
institution.
(3) No person attending any educational institution recognised by the State
or receiving aid out of State funds shall be required to take part in any
religious instruction that may be imparted in such institution or to attend any
religious worship that may be conducted in such institution or in any
premises attached thereto unless such person or, if such person is minor,
his guardian has given his consent thereto.
ARTICLE 29 : PROTECTION OF INTERESTS OF MINORITIES
(1) Any section of the citizens residing in the territory of India or any part
thereof having a distinct language, script or culture of its own shall have the
right to conserve the same.
(2) No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only
of religion, race, caste, language or any of them.
ARTICLE 30 : RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER
EDUCATIONAL INSTITUTIONS
(1) All minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of any
property of an educational institution established and administered by a
minority, referred to in clause (1), the State shall ensure that the amount
fixed by or determined under such law for the acquisition of such property
is such as would not restrict or abrogate the right guaranteed under that
clause.
(2) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is

24. under the management of a minority, whether based on religion or
language.
ARTICLE 31 : COMPULSORYACQUISITION OF PROPERTY{…}
ARTICLE 31A : SAVING OF LAWS PROVIDING FOR ACQUISITION OF ESTATES, ETC.
(1) Notwithstanding anything contained in article 13, no law providing for –
(a) the acquisition by the State of any estate or of any rights therein or the
extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State for a
limited period either in the public interest or in order to secure the proper
management of the property, or
(c) the amalgamation of two or more corporations either in the public
interest or in order to secure the proper management of any of the
corporations, or
(d) the extinguishment or modification of any rights of managing agents,
secretaries and treasurers, managing directors, directors or managers of
corporations, or of any voting rights of share-holders thereof, or
(e) the extinguishment or modification of any rights accruing by virtue of
any agreement, lease or licence for the purpose of searching for, or
winning, any mineral or mineral oil, or the premature termination or
cancellation of and such agreement, lease or licence, shall be deemed to
be void on the ground that it is inconsistent with, or takes away or abridges
any of the rights conferred by article 14 or article 19: Provided that where
such law is a law made by the Legislature of a State, the provisions of this
article shall not apply thereto unless such law, having been reserved for the
consideration of the President, has received his assent:
Provided further that where any law makes any provision for the acquisition
by the State of any estate and where any land comprised therein is held by
a person under his personal cultivation, it shall not be lawful for the State to
acquire any portion of such land as is within the ceiling limit applicable to
him under any law for the time being in force or any building or structure
standing thereon or appurtenant thereto, unless the law relating to the
acquisition of such land, building or structure, provides for payment of
compensation at a rate which shall not be less than the market value
thereof.
(2) In this article, –
(a) the expression “estate” shall, in relation to any local area, have the
same meaning as that expression or its local equivalent has in the existing
law relating to land tenure in force in that area and shall also include –
(i) any jagir, inam or muafi or other similar grant and in the States of Tamil
Nadu and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;

25. (iii) any land held or let for purposes of agriculture of for purposes ancillary
thereto, including waste land, forest land, land for pasture or sites of
buildings and other structures occupied by cultivators of land, agricultural
labourers and village artisans;
(b) the expression “rights”, in relation to an estate, shall include any rights
vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder,
raiyat, under-raiyat or other intermediary and any rights or privileges in
respect of land revenue.
ARTICLE 31B : VALIDATION OF CERTAIN ACTS AND REGULATIONS
Without prejudice to the generality of the provisions contained in article
31A, none of the Acts and Regulations specified in the Ninth Schedule nor
any of the provision thereof shall be deemed to be void, or even to have
become void, on the ground that such Act, Regulation or provision is
inconsistent with, or takes away or abridges any of the rights conferred by,
any provisions of this part, and notwithstanding any judgment, decree or
order of any court or tribunal to the contrary, each of the said Acts and
Regulations shall, subject to the power of any competent Legislature to
repeal or amend it, continue in force.
ARTICLE 31C : SAVING OF LAWS GIVING EFFECT TO CERTAIN DIRECTIVE
PRINCIPLES
Notwithstanding anything contained in article 13, no law giving effect to the
policy of the State towards securing all or any of the principles laid down in
Part IV shall be deemed to be void on the ground that it is inconsistent with,
or takes away or abridges any of the rights conferred by article 14 or article
19; and no law containing a declaration that it is for giving effect to such
policy shall be called in question in any court on the ground that it does not
give effect to such policy:
Provided that where such law is made by the Legislature of a State, the
provisions of this article shall not apply thereto unless such law, having
been reserved for the consideration of the President, has received his
assent.
ARTICLE 31D : SAVING OF LAWS IN RESPECT OF ANTI-NATIONAL ACTIVITIES {…}
ARTICLE 32 : REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS
PART
(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,

26. prohibition, quo warranto and certiorari, whichever may be appropriate, for
the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
ARTICLE 32A : CONSTITUTIONAL VALIDITY OF STATE LAWS NOT TO BE
CONSIDERED IN PROCEEDINGS UNDERARTICLE 32
{…}
ARTICLE 33 : POWER OF PARLIAMENT TO MODIFY THE RIGHTS CONFERRED BY
THIS PART IN THEIR APPLICATION TO FORCES, ETC.
Parliament may, by law, determine to what extent any of the rights
conferred by this Part shall, in their application to, –
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public
order; or
(c) persons employed in any bureau or other organisation established by
the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their
duties and the maintenance of discipline among them.
ARTICLE 34 : RESTRICTION ON RIGHTS CONFERRED BYTHIS PART WHILE
MARITAL LAW IS IN FORCE IN ANY AREA
Notwithstanding anything in the foregoing provisions of this Part,
Parliament may by law indemnify any person in the service of the Union or
of a State or any person in respect of any act done by him in connection
with the maintenance or restoration or order in any area within the territory
of India where martial law was in force or validate any sentence passed,
punishment inflicted, forfeiture ordered or other act done under martial law
in such area.
ARTICLE 35 : LEGISLATION TO GIVE EFFECT TO THE PROVISIONS OF THIS PART
Notwithstanding anything in this Constitution, –
(a) Parliament shall have, and the Legislature of a State shall not have,
power to make laws –

27. (i) With respect to any of the matters which under clause (3) of article 16,
clause (3) of article 32, article 33 and article 34 may be provided for by law
made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be
offences under this part,
and Parliament shall, as soon as may be after the commencement of this
Constitution, make laws for prescribing punishment for the acts referred to
in sub-clause (ii);
(b) any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the matters
referred to in sub-clause (i) of clause (a) or providing for punishment for
any act referred to in sub-clause (ii) of that clause shall, subject to the
terms thereof and to any adaptations and modifications that may be made
therein under article 372, continue in force until altered or repealed or
amended by Parliament.
Explanation: In this article, the expression “law in force” has the same
meaning as in article 372.

28. PART IV: DIRECTIVE PRINCIPLES OF STATE
POLICY
36 Definition.
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of the welfare of the
people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 The organisation of village panchayats.
41 Right to work, to education and to public assistance in certain cases.
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in the management of industries.
43B Promotion of co-operative societies.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of living
and to improve public health.
48 The organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of
forests and wildlife.
49 Protection of monuments and places and objects of national importance.
50 Separation of judiciary from the executive.
51 Promotion of international peace and security.
Part IV of the Indian Constitution deals with Directive Principles of our
State Policy (DPSP).
The provisions contained in this Part cannot be enforced by any court, but
these principles are fundamental in the governance of the country and it
shall be the duty of the State to apply these principles in making laws.
The concept of Directive Principles of State Policy was borrowed from the
Irish Constitution. While most of the Fundamental Rights are negative
obligations on the state, DPSPs are positive obligations on the state,
though not enforceable in a court of law.

29. ARTICLE 36: DEFINITION
In this Part, unless the context otherwise requires, “the State” has the same
meaning as in Part III.
ARTICLE 37: APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART
The provisions contained in this Part shall not be enforced by any court, but
the principles therein laid down are nevertheless fundamental in the
governance of the country and it shall be the duty of the State to apply
these principles in making laws.
ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF THE
WELFARE OF THE PEOPLE
(1) The State shall strive to promote the welfare of the people by securing
and protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations.
ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE STATE
The State shall, in particular, direct its policy towards securing –
(a) that the citizen, men and women equally, have the right to an adequate
means of livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment.
ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID
The State shall secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall, in particular, provide free

30. legal aid, by suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.
ARTICLE 40: ORGANISATION OF VILLAGE PANCHAYATS
The State shall take steps to organise village panchayats and endow them
with such powers and authority as may be necessary to enable them to
function as units of self-government.
ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN
CERTAIN CASES
The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.
ARTICLE 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND
MATERNITY RELIEF
The State shall make provision for securing just and humane conditions of
work and for maternity relief.
ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS
The State shall endeavor to secure, by suitable legislation or economic
organisation or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or co-operative basis in rural areas.
ARTICLE 43A: PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES
The State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisation engaged in any industry.
ARTICLE 44: UNIFORM CIVIL CODE FOR THE CITIZEN
The State shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India.

31. ARTICLE 45: PROVISION FOR FREE AND COMPULSORYEDUCATION FOR
CHILDREN
The State shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen years.
ARTICLE 46: PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF
SCHEDULED CASTES, SCHEDULEDTRIBES AND OTHER WEAKER SECTIONS
The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and in particular, of
the Scheduled Castes and the Scheduled Tribes, and shall protect them
from social injustice and all forms of exploitation.
ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE
STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH
The State shall regard the raising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its
primary duties and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purpose of intoxicating
drinks and of drugs which are injurious to health.
ARTICLE 48: ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY
The State shall endeavour to organize agriculture and animal husbandry on
modern and scientific lines and shall, in particular, take steps for preserving
and improving the breeds, and prohibiting the slaughter, of cows and
calves and other milch and draught cattle.
ARTICLE 48A: PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND
SAFEGUARDING OF FORESTS AND WILDLIFE
The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
ARTICLE 49: PROTECTION OF MONUMENTS AND PLACESAND OBJECTS OF
NATIONAL IMPORTANCE
It shall be the obligation of the State to protect every monument or place or
object of artistic or historic interest, declared by or under law made by
Parliament to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal or export, as the case may be.

32. ARTICLE 50: SEPARATION OF JUDICIARY FROM THE EXECUTIVE
The State shall take steps to separate the judiciary from the executive in
the public services of the State.
ARTICLE 51: PROMOTION OF INTERNATIONAL PEACE AND SECURITY
The State shall endeavour to –
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings
of organised people with one another; and
(d) encourage settlement of international disputes by arbitration.

33. Unit No.2– (Articles51A to 98 )
PART IVA: FUNDAMENTAL DUTIES
51A Fundamental duties.
Part IVA of the Indian Constitution deals with Fundamental Duties. As of
now, there are 11 Fundamental duties.
Originally, the Constitution of India did not contain these duties.
Fundamental duties were added by 42nd and 86th Constitutional
Amendment acts.
Citizens are morally obligated by the Constitution to perform these duties.
However, like the Directive Principles, these are non-justifiable, without any
legal sanction in case of their violation or non-compliance.
Article 51A: Fundamental duties
It shall be the duty of every citizen of India –
(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to
do so;
(e) to promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
achievement.
(k) to provide opportunities for education by the parent the guardian, to his
child, or a ward between the age of 6-14 years as the case may be.

34. Info-bits related to Fundamental Duties
1.
 The Fundamental Duties of citizens were added to
the Constitution by the 42nd Amendment in 1976, upon the
recommendations of the Swaran Singh Committee that was
constituted by the government earlier that year.
 Fundamental duties are applicable only to citizens and not to the
aliens.
 India borrowed the concept of Fundamental Duties from the
USSR.
 The inclusion of Fundamental Duties brought our Constitution in
line with article 29 (1) of the Universal Declaration of Human
Rights and with provisions in several modern Constitutions of
other countries.
 Out of the ten clauses in article 51A, six are positive duties and
the other five are negative duties. Clauses (b), (d), (f), (h), (j) and
(k) require the citizens to perform these Fundamental Duties
actively.
 It is suggested that a few more Fundamental Duties, namely,
duty to vote in an election, duty to pay taxes and duty to resist
injustice may be added in due course to article 51A in Part IVA of
the Constitution. (NATIONAL COMMISSION TO REVIEW
THE WORKING OF THE CONSTITUTION: A Consultation
Paper on EFFECTUATION OF FUNDAMENTAL DUTIES OF
CITIZENS).
 It is no longer correct to say that Fundamental Duties enshrined
in article 51A are not enforceable to ensure their implementation

35. and are a mere reminder. Fundamental Duties have the element
of compulsion regarding compliance.
 A number of judicial decisions are available towards the
enforcement of certain clauses under Article 51A.
 Comprehensive legislation is needed for clauses (a), (c), (e), (g)
and (i). The remaining 5 clauses, which are exhortation of basic
human values, have to be developed amongst citizens through
the education system by creating proper and graded curricular
input from primary level of education to the higher and
professional levels.
 Available Legal Provisions: Justice Varma Committee was
constituted in 1998 “to work out a strategy as well as the
methodology of operationalizing a countrywide programme for
teaching fundamental Duties in every educational institution as a
measure of in-service training”. The Verma Committee was
conscious of the fact that any non-operationalization of
Fundamental Duties might not necessarily be the lack of concern
or non-availability of legal and other enforceable provisions, but it
was more a case of lacuna in the strategy of implementation. It,
therefore, thought it appropriate to list in brief some of the legal
provisions already available in regard to enforcement of
Fundamental Duties. A summary of such legal provisions is
given below:
 In order to ensure that no disrespect is shown to the
National Flag, Constitution of India and the National anthem,
the Prevention of Insults to National Honour Act, 1971 was
enacted.
 The Emblems and Names (Prevention of Improper Use) Act
1950 was enacted soon after independence, inter alia, to
prevent improper use of the National Flag and the National
Anthem.
 In order to ensure that the correct usage regarding the
display of the National Flag is well understood, the
instructions issued from time to time on the subject have
been embodied in Flag Code of India, which has been made
available to all the State Governments, and Union territory
Administration (UTs).
 There are a number of provisions in the existing criminal
laws to ensure that the activities which encourage enmity
between different groups of people on grounds of religion,
race, place of birth, residence, language, etc. are
adequately punished. Writings, speeches, gestures,
activities, exercise, drills, etc. aimed at creating a feeling of
insecurity or ill-will among the members of other

36. communities, etc. have been prohibited under Section 153A
of the Indian Penal Code (IPC).
 Imputations and assertions prejudicial to the national
integration constitute a punishable offence under Section
153 B of the IPC.
 A Communal organization can be declared unlawful
association under the provisions of Unlawful Activities
(Prevention) Act 1967.
 Offences related to religion are covered in Sections 295-298
of the IPC (Chapter XV).
 Provisions of the Protection of Civil Rights Act, 1955 (earlier
the Untouchability (Offences) Act 1955).
 Sections 123(3) and 123(3A) of the Representation of
People Act, 1951 declares that soliciting of vote on the
ground of religion and the promotion or attempt to promote
feelings of enmity or hatred between different classes of
citizens of India on the grounds of religion, race, caste,
community or language is a corrupt practice. A person
indulging in a corrupt practice can be disqualified for being a
Member of Parliament or a State Legislature under Section
8A of the Representation of People Act, 1951.

37. PART V: THE UNION
CHAPTER I: THE EXECUTIVE
The President and Vice-President
52 The President of India.
53 The executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of the President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding the election to fill the vacancy in the office of President
and the term of office of person elected to fill the casual vacancy.
63 The Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.
67 Term of office of Vice-President.
68 Time of holding the election to fill the vacancy in the office of Vice-
President and the term of office of person elected to fill the casual vacancy.
69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or
Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.
73 The extent of executive power of the Union.
Council of Ministers
74 Council of Ministers to aid and advise the President.
75 Other provisions as to Ministers.
The Attorney-General for India
76 Attorney-General for India.
Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to the
President, etc.

38. CHAPTER II: PARLIAMENT
General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy
Chairman.
91 Power of the Deputy Chairman or other person to perform the duties of
the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution
for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of
the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution for
his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Part V of the Constitution (The Union) under Chapter I (The Executive)
lists out the qualification, election and impeachment of the President
of India.
The President of India is the head of state of the Republic of India. The
President is the formal head of the executive, legislature and judiciary of
India and is also the commander-in-chief of the Indian Armed Forces.
Although Article 53 of the Constitution of India states that the President can
exercise his or her powers directly or by subordinate authority, with few
exceptions, all of the executive authority vested in the President are, in
practice, exercised by the Council of Ministers (CoM).

39. Part V The Union
Chapter I The Executive
ARTICLE 52 : THE PRESIDENT OF INDIA
There shall be a President of India.
ARTICLE 53 : EXECUTIVE POWER OF THE UNION
(1) The executive power of the Union shall be vested in the President and
shall be exercised by him either directly or through officers subordinate to
him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union Shall be vested in
the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall –
(a) be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other
than the President.
ARTICLE 54 : ELECTION OF PRESIDENT
The President shall be elected by the members of an electoral college
consisting of –
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
Explanation: In this article and in article 55, “State” includes the National
Capital Territory of Delhi and the Union territory of Pondicherry.
ARTICLE 55 : MANNER OF ELECTION OF PRESIDENT
(1) As far as practicable, there shall be uniformity in the scale of
representation of the different States at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se
as well as parity between the States as a whole and the Union, the number
of votes which each elected member of Parliament and of the legislative
Assembly of each state is entitled to cast at such election shall be
determined in the following manner; –
(a) every elected member of the Legislative Assembly of a State shall have
as many votes as there are multiples of one thousand in the quotient
obtained by dividing the population of the State by the total number of the
elected members of the Assembly;

40. (b) if, after taking the said multiples of one thousand, the remainder is not
less than five hundred, then the vote of each member referred to in sub-
clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such
number of votes as may be obtained by dividing the total number of votes
assigned to the members of the Legislative Assemblies of the States under
sub-clauses (a) and (b) by the total number of the elected members of both
Houses of Parliament, fractions exceeding one-half being counted as one
and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the
system of proportional representation by means of the single transferable
vote and the voting at such election shall be by secret ballot.
Explanation: In this article, the expression “population” means the
population as ascertained at the last preceding census of which the
relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census
of which the relevant figures have been published shall, until the relevant
figures for the first census taken after the year 2000 have been published,
be construed as a reference to the 1971 census.
ARTICLE 56 : TERM OF OFFICE OF PRESIDENT
(1) The President shall hold office for a term of five years from the date on
which he enters upon his office:
Provided that – (a) the President may, by writing under his hand addressed
to the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed from
office by impeachment in the manner provided in article 61.
(c) the President shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the
proviso to clause (1) shall forthwith be communicated by him to the
Speaker of the House of the People.
ARTICLE 57 : ELIGIBILITY FOR RE-ELECTION
A person who holds, or who has held, office as President shall, subject to
the other provisions of this Constitution be eligible for re-election to that
office.
ARTICLE 58 : QUALIFICATIONS FOR ELECTION AS PRESIDENT
(1) No person shall be eligible for election as President unless he –
(a) is a citizen of India;
(b) has completed the age of thirty-five years, and

41. (c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any
office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of
the said Governments.
Explanation: For the purposes of this article, a person shall not be deemed
to hold any office of profit by reason only that he is the President or Vice-
President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
ARTICLE 59 : CONDITIONS OF PRESIDENT’S OFFICE
(1) The President shall not be a member of either House of Parliament or of
a House of the Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected
President, he shall be deemed to have vacated his seat in that House on
the date on which he enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his
official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
ARTICLE 60 : OATH OR AFFIRMATION BY THE PRESIDENT
Every President and every person acting as President or discharging the
functions of the President shall, before entering upon his office, make and
subscribe in the presence of the Chief Justice of India or, in his absence,
the senior most Judge of the Supreme Court available, an oath or
affirmation in the following form, that is to say – “I, A.B., do swear in the
name of God / solemnly affirm that I will faithfully execute the office of
President (or discharge the function of the President) of India and will to the
best of my ability preserve, protect and defend the Constitution and the law
and that I will devote myself to the service and well-being of the people of
India.”
ARTICLE 61 : PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT
(1) When a President is to be impeached for violation of the Constitution,
the charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless –
(a) the proposal to prefer such charge is contained in a resolution which

42. has been moved after at least fourteen days’ notice in writing signed by not
less than one-fourth of the total number of members of the House has been
given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-
thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of
not less than two-thirds of the total membership of the House by which the
charge was investigated or caused to be investigated, declaring that the
charge preferred against the President has been sustained, such resolution
shall have the effect of removing the President from his office as from the
date on which the resolution is so passed.
ARTICLE 62 : TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF
PRESIDENT AND THE TERM OF OFFICE OR PERSON ELECTED TO FILL CASUAL
VACANCY
(1) An election to fill a vacancy caused by the expiration of the term of
office of President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by
reason of his death, resignation or removal, or otherwise shall be held as
soon as possible after, and in no case later than six months from, the date
of occurrence of the vacancy; and the person elected to fill the vacancy
shall, subject to the provisions of article 56, be entitled to hold office for the
full term of five years from the date on which he enters upon his office.
Info-Bits Related to the President of India
1. Salary of Indian President is Rs.5 lakh. Until 2017, the President used
to get Rs 1.50 lakh per month. In Budget 2018, it was increased to Rs
5 lakh per month.
2. In addition to the salary, the President receives many other
allowances and free facilities which include free medical, housing, and
treatment facilities (whole life).
3. The Government of India spends around Rs.2.25 crore rupees
annually on other expenses like President’s housing, staff, food and
hosting of guests.
4. Indian President’s salary is 7000$*12=84,000$, which is much lower
when compared to US President’s salary of 4,00,000$.

43. 5. The president of the United States of America is also indirectly
elected by the people through the Electoral College, but to a four-year
term. He is one of only two nationally elected federal officers, the other
being the Vice President of the United States. (In total, there are 538
electors, corresponding to the 435 members of the House of
Representatives, 100 senators, and the three additional electors from
the District of Columbia.)
6. Under The Presidential and Vice-Presidential Elections Act, 1952, a
candidate, to be nominated for the office of president of India needs
50 electors as proposers and 50 electors as seconders for his or her
name to appear on the ballot.
7. The general principle in Indian Presidential election is that the total
number of votes cast by Members of Parliament equals the total
number of votes cast by State Legislators.
8. There are a total of 776 voters in both the Houses of Parliament. The
Electoral College also consisted of 4120 MLAs in the states.
9. The formula to determine the value of the vote of an MLA = Population
of the state ÷ (No. of M.L.A.s in the state X 1000).
10. The formula to determine the value of the vote of an MP = Total
value votes assigned to all the M.L.A.s ÷ Total number of MPs.
11. Each MP had a vote value of 708 in the Presidential Election 2012.
12. Legislators from larger states cast more votes than those from
smaller states.
13. If a state has few legislators, then each legislator has more votes; if a
state has many legislators, then each legislator has fewer votes.
14. JFYI: The President of India moves around in a custom built heavily
armoured Mercedes Benz S600 Pullman Guard (which costs around
Rs. 12 Crore).
15. Nominated members cannot vote in the Presidential election. But
they can participate in President’s impeachment.
16. PS: Nominated members can participate in Vice-President’s election
and removal.
17. MLAs are involved in the Presidential election, but they have no role
in President’s impeachment. President’s impeachment resolution
requires a special majority of both houses of the parliament to pass.
Powers of Indian President
Powers of Indian President can be broadly classified under 8 headings.
They are :

44. 1. Legislative
2. Executive or Appointment powers
3. Judicial powers
4. Financial powers
5. Diplomatic powers
6. Military powers
7. Pardoning Powers
8. Emergency powers
There are articles outside Chapter 1 of Part V related with powers of
President of India like Article 72 and Articles 352-360. We shall discuss in
detail each of them later.
Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
(1) The President shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the
sentence of any persons convicted of any offence – (a) in all cases where
the punishment of sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against
any law relating to a matter to which the executive power of the Union
extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred
by law on any officer of the Armed Forces of the Union to suspend, remit or
commute a sentence passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the
Governor of a State under any law for the time being in force.
The Vice-PresidentOf India (Articles 63-73)
Part V of the Constitution of India under Chapter I (Executive) also
discusses about the office of the Vice-President of India. The Vice-
President of India is the second highest constitutional office in the country.
He serves for a five-year term, but can continue to be in office, irrespective
of the expiry of the term, until the successor assumes office. Let’s see the
articles 63-73 which deal with the qualifications, election and removal of
Vice-President of India.

45. ARTICLE 63 : THE VICE-PRESIDENT OF INDIA
There shall be a Vice-President of India.
ARTICLE 64 : THE VICE-PRESIDENT TO BE EX-OFFICIO CHAIRMAN OF THE
COUNCIL OF STATES
The Vice-President shall be ex-officio Chairman of the Council of States
and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as President
or discharges the functions of the President under article 65, he shall not
perform the duties of the office of Chairman of the Council of States and
shall not be entitled to any salary or allowance payable to the Chairman of
the Council of States under article 97.
ARTICLE 65 : THE VICE-PRESIDENT TO ACT AS PRESIDENT OR TO DISCHARGE HIS
FUNCTIONS DURING CASUAL VACANCIES IN THE OFFICE, OR DURING THE
ABSENCE, OF PRESIDENT
(1) In the event of the occurrence of any vacancy in the office of the
President by reason of this death, resignation or removal, or otherwise, the
Vice-President shall act as President until the date on which a new
President elected in accordance with the provisions of this Chapter to fill
such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-President shall discharge his
functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he
is so acting as, or discharging the functions of, President have all the
powers and immunities of the President and be entitled to such
emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule.
ARTICLE 66 : ELECTION OF VICE-PRESIDENT
(1) The Vice-President shall be elected by the members of an electoral
college consisting of the members of both Houses of Parliament in
accordance with the system of proportional representation by means of a
single transferable vote and the voting at such election shall be by secret
ballot.
(2) The Vice-President shall not be a member of either House of Parliament
or of a House of the Legislature of any State, and if a member of either
House of Parliament or of a House of the Legislature of any State be
elected Vice-President, he shall be deemed to have vacated his seat in that

46. House on the date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he –
(a) is a citizen on India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds
any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of
the said Governments.
Explanation: For the purposes of this article, a person shall not be deemed
to hold any office of profit by reason only that he is the President of Vice-
President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
ARTICLE 67 : TERM OF OFFICE OF VICE-PRESIDENT
The Vice-President shall hold office for a term of five years from the date
on which he enters upon his office:
Provided that – (a) A Vice-President may, by writing under his hand
addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the
Council of States passed by a majority of all the then members of the
Council and agreed to by the House of the People; but no resolution for the
purpose of this clause shall be moved unless at least fourteen days’ notice
has been given of the intention to move the resolution;
(c) A Vice-President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
ARTICLE 68 : TIME OF HOLDING ELECTION TO FILL VACANCYIN THE OFFICE OF
VICE-PRESIDENT AND THE TERM OF OFFICE OF PERSON ELECTED TO FILL
CASUAL VACANCY
(1) An election to fill a vacancy caused by the expiration of the term of
office of Vice-President shall be completed before the expiration of the
term.
(2) An election to fill a vacancy in the office of Vice-President occurring by
reason of his death, resignation or removal, or otherwise shall be held as
soon as possible after the occurrence of the vacancy, and the person
elected to fill the vacancy shall, subject to the provisions of article 67, be
entitled to hold office for the full term of five years from the date on which
he enters upon his office.

47. ARTICLE 69 : OATH OR AFFIRMATION BY THE VICE-PRESIDENT
Every Vice-President shall, before entering upon his office, make and
subscribe before the President, or some person appointed in that behalf by
him, an oath or affirmation in the following form, that is to say – “I, A.B., do
swear in the name of God /solemnly affirm that I will bear true faith and
allegiance to the Constitution of India as by law established and that I will
discharge the duty upon which I am about to enter.”
ARTICLE 70 : DISCHARGE OF PRESIDENT’S FUNCTIONS IN OTHER CONTINGENCIES
Parliament may make such provision as it thinks fit for the discharge of the
functions of the President in any contingency not provided for in this
Chapter.
ARTICLE 71 : MATTERS RELATING TO, OR CONNECTED WITH, THE ELECTION OF A
PRESIDENT OR VICE-PRESIDENT
(1) All doubts and disputes arising out of or in connection with the election
of a President or Vice-President shall be inquired into and decided by the
Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared
void by the Supreme Court, acts done by him in the exercise and
performance of the powers and duties of the office of President or Vice-
President, as the case may be, on or before the date of the decision of the
Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President
or Vice-President.
(4) The election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for
whatever reason among the members of the electoral college electing him.
ARTICLE 72 : POWER OF PRESIDENT TO GRANT PARDONS, ETC., AND TO
SUSPEND, REMIT OR COMMUTE SENTENCES IN CERTAIN CASES
(1) The President shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the
sentence of any persons convicted of any offence – (a) in all cases where
the punishment of sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against
any law relating to a matter to which the executive power of the Union
extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred
by law on any officer of the Armed Forces of the Union to suspend, remit or

48. commute a sentence passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the
Governor of a State under any law for the time being in force.
ARTICLE 73 : EXTENT OF EXECUTIVE POWER OF THE UNION*
(1) Subject to the provisions of this Constitution, the executive power of the
Union shall extend—
(a) to the matters with respect to which Parliament has power to make
laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or
agreement:
Provided that the executive power referred to in sub-clause (a) shall not,
save as expressly provided in this Constitution or in any law made by
Parliament,
extend in any State to matters with respect to which the Legislature of the
State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article, continue to
exercise in matters with respect to which Parliament has power to make
laws for that State such executive power or functions as the State or officer
or authority thereof could exercise immediately before the commencement
of this Constitution.
Info-Bits related with the Vice-President of India
The office of the Vice-President of India is special because of multiple
reasons. It would be interesting to explore the constitutional provisions
related to VP of India. Try, if you can find the answers of the following
questions, yourself.
1. Can Vice-President of India continue to be in office irrespective of the
expiry of his term of 5 years?
2. Who performs the duties of the Vice-President, when a vacancy
occurs in the office of the Vice-President of India, before the expiry of
his term?
3. Who performs the duties of the Vice-President, when a vacancy
occurs in the office of the Vice-President of India, when the Vice-
President acts as the President of India?
4. Who performs the Vice-President’s function as the Chairperson of the
Council of States (Rajya Sabha) when a vacancy occurs in the office
of the Vice-President of India?

49. 5. Salary for Vice-President for his role as Vice-President of India?
6. Salary for Vice-President for his role as ex-officio Chairperson of the
Council of States (Rajya Sabha)?
7. Salary for Vice-President when Vice-President acts as President of
India?
8. Can nominated members participate in the election and removal
process of Vice President?
9. Vice-President is neither an elected nor nominated member of Rajya
Sabha. But being the chairman of Rajya Sabha, can he cast vote?
10. How can the Vice-President of India removed from his office?
Answers:
1. Can Vice-President of India continue to be in office irrespective of the
expiry of his term of 5 years? Ans : Yes. Until the successor
assumes office.
2. Who performs the duties of the Vice-President, when a vacancy
occurs in the office of the Vice-President of India, before the expiry of
his term? Ans : Constitution is silent on this matter.
3. Who performs the duties of the Vice-President, when a vacancy
occurs in the office of the Vice-President of India, when the Vice-
President acts as the President of India? Ans : Constitution is silent
on this matter.
4. Who performs the Vice-President’s function as the Chairperson of the
Council of States (Rajya Sabha) when a vacancy occurs in the office
of the Vice-President of India? Ans : Deputy Chairperson of the
Rajya Sabha, or any other member of the Rajya Sabha authorised
by the President of India.
5. Salary for Vice-President for his role as Vice-President of India? Ans :
No salary for the role as Vice-President. Salary is for the role
as ex-officio Chairperson of the Council of States (Rajya Sabha).
6. Salary for Vice-President for his role as ex-officio Chairperson of the
Council of States (Rajya Sabha)? Ans : Rs.1.25 lakhs.
7. Salary for Vice-President when Vice-President acts as President of
India? Ans : He will get salary of Indian President, ie Rs.1.5 lakh.
But he will stop getting the salary of ex-officio chaiman of Rajya
Sabha.
8. Can nominated members participate in the election and removal
process of Vice President? Ans: Yes. (NB: For Presidential election
nominated members cannot participate.)
9. Vice-President is neither an elected nor nominated member of Rajya
Sabha. But being the chairman of Rajya Sabha, can he cast
vote? Ans : Yes. The Chairman has a casting vote in the case of
an equality of votes.

50. 10. How can the Vice-President of India removed from his office? Ans
: Vice-President may be removed from his office by a resolution
of the Council of States passed by a majority of all the then
members of the Council and agreed to by the House of the
People; but no resolution for the purpose of this clause shall be
moved unless at least fourteen days’ notice has been given of
the intention to move the resolution.
Removal of Vice-President of India : Must Check
Aspirants are requested to note a mistake which you might find in many
textbooks on Indian Polity, under the topic ‘Removal of the Vice-President
of India’. I have seen text-books mentioning that removal of Vice-President
needs absolute majority (half of the total strength of the house). But this
cannot be right.
Let’s check once again what is mentioned in Constitution, Article 67(b).
A Vice-President may be removed from his office by a resolution of the
Council of States passed by a majority of all the then members of the
Council and agreed to by the House of the People; but no resolution for
the purpose of this clause shall be moved unless at least fourteen days’
notice has been given of the intention to move the resolution.
Let’s see what is the importance of the word “then” here. Suppose the
present strength of Rajya Sabha is 245 seats. And if 45 seats are vacant,
then the strength of the house gets reduced to 200. So a majority of all
the then members of the Council means that removal of Vice-President
needs the approval of 101 Rajay Sabha MPs.
As shown above, this majority is not Absolute Majority (Total Strength of
the House), but Effective Majority (Total Strength of the House –
Vacancies). Whether the phrase “a majority of all the then members of the
Council” can be interpreted as Simple Majority (Majority among those who
are present and voting) is a matter of debate. But anyways, the removal
does not need absolute majority or special majority. It can be said that
resolution for removal of Vice-President requires an effective majority in
Rajya Sabha and a simple majority in Loksabha.

51. NB: President’s impeachment resolution requires special majority (2/3rd of
total strength of the house) at both houses to get itself passed.
COM,Prime Minister and Attorney General(Articles 74-78)
Chapter I (Executive) of Part V of the Constitution (Union) deals with
President, Vice-President, Council of Ministers (COM) headed by Prime
Minister and Attorney General. Having already discussed
about President and Vice-President, let’s concentrate now on COM, Prime
Minister and Attorney General. While Indian President is the head of the
state, Indian Prime Minister is the head of the government.
Council of Ministers
ARTICLE 74 : COUNCIL OF MINISTERS TO AID AND ADVISE PRESIDENT
(1) There shall be a Council of Ministers with the Prime Minister at the head
to aid and advise the President who shall, in the exercise of his functions,
act in accordance with such advice:
Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President
shall act in accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
ARTICLE 75: OTHER PROVISIONS AS TO MINISTERS
(1) The Prime Minister shall be appointed by the President and the other
Ministers shall be appointed by the President on the advice of the Prime
Minister.
(1A) The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed fifteen per cent. of the total number of
members of the House of the People.
(1B) A member of either House of Parliament belonging to any political
party who is disqualified for being a member of that House under
paragraph 2 of the Tenth Schedule shall also be disqualified to be
appointed as a Minister under clause (1) for duration of the period
commencing from the date of his disqualification till the date on which the
term of his office as such member would expire or where he contests any
election to either House of Parliament before the expiry of such period, till
the date on which he is declared elected, whichever is earlier.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House